Attorney General -v- Lee [2017] IESC 68 (24 October 2017)

Attorney General -v- Lee [2017] IESC 68 (24 October 2017)

The creation of extraterritorial offences under Irish law does not mean such offences are regarded as having been committed in the State for the purposes of s.15 of the Extradition Act 1965. Section 74 of the Criminal Justice Act 2006 is procedural and does not deem such offences to have been committed in Ireland. Therefore, s.15 does not prohibit extradition in this case.

Citation
[2017] IESC 68
Parties
Applicant/respondent: Attorney General; Respondent/appellant: Patrick Lee
Jurisdiction
Ireland
Judgment Date
24 October 2017
Procedural Posture
Extradition Appeal / Supreme Court Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Extradition, Territoriality in Criminal Law, Interpretation of Extradition Act 1965 S.15, Extraterritorial Offences, Statutory Interpretation
Criminal Law Extradition Law Extradition Territoriality in Criminal Law Interpretation of Extradition Act 1965 S.15 Extraterritorial Offences Statutory Interpretation

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Parties

Attorney General

Applicant/respondent

Patrick Lee

Respondent/appellant

Procedural Posture

Extradition Appeal / Supreme Court Appeal From Court of Appeal

Legal Issues

  1. 1 Whether s.15 of the Extradition Act 1965 prohibits extradition where the offence is extraterritorial but prosecutable in Ireland
  2. 2 Whether an offence under Irish law with extraterritorial application is 'regarded as having been committed in the State' for the purposes of s.15
  3. 3 Interpretation of s.74 of the Criminal Justice Act 2006 in relation to procedural jurisdiction and substantive location of offence

Ratio Decidendi

The creation of extraterritorial offences under Irish law does not mean such offences are regarded as having been committed in the State for the purposes of s.15 of the Extradition Act 1965. Section 74 of the Criminal Justice Act 2006 is procedural and does not deem such offences to have been committed in Ireland. Therefore, s.15 does not prohibit extradition in this case.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order of the High Court affirmed